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28 April 2017 / Greg Williams
Issue: 7743 / Categories: Features , Wills & Probate
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​Ilott: a battle for independence?

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The Supreme Court decision in Ilott represents a qualified victory for testamentary freedom, as Greg Williams explains

  • Who can apply for reasonable financial provision from a deceased’s estate?
  • An award for financial provision shall always be determined to an objective standard.
  • An award is at the expense of those whom the testator intended to benefit.

In a claim against an estate, what constitutes reasonable financial provision? It is one which the courts have spent some years trying to answer. The recent, authoritative, decision of the Supreme Court in Ilott v The Blue Cross and others [2017] UKSC 17 assists us. In short, the answer is that an award for financial provision shall always be determined to an objective standard. The statutory criteria must be applied. Unfortunately, as Lady Hale pointed out in this case, the law gives no guidance as to the weight of the criteria to be considered in a specific scenario, such as in the case of an adult child. The result of the current law is that a court’s decision invariably

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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